Orchestra Tune-Up

During a hospital stay, there are many ways for things to go sideways. For a timely and successful discharge, every health care provider and every department has to be working as one – each fulfilling their part toward the end goal of stabilizing the patient and putting them on the road to recovery. The nursing […]

What To Expect When You Come Between The Fortune 500 and Their Bottom Line

Marketing can cover a lot of warts. Meanwhile, in the real world, people behave in line with our experience and the incentives put in front of them, even where it conflicts with what we know to be right and wrong. From the NYT, Mr. Williams said a State Farm claims adjuster told him that she […]

Kaiser Permanante Has It All Wrong

“They insist that you go through an advice nurse as opposed to just calling the doctor directly to set up an appointment, which was what I was trying to do,” Flach said. “You should have the option of calling your own doctor.” Kaiser doesn’t just get between you and your doctor. They also get between […]

We Are Responsible To Our Elderly: The Greatest Generation

In the end, we all got COVID-19. We were in the first line of fire. But the ones who bore the brunt of the virus were the residents. On April 20, 2020, when I caught it, 63 of the 180 residents at the home had already died. It was total chaos. We were forbidden from referring […]

Mizrahi May Be Dead In Florida (why that is great for families of medical malpractice victims)

For decades, families of medical malpractice victims in Florida have suffered without a remedy under an unfair law that treats them differently from other grieving families. Florida’s wrongful death act exempts negligent health care providers from righteous claims that would exist if anyone else caused their parent’s death. The pain they experience is no different […]

Physician Liability for #OUD (Arguments in Ruan v. US)

Convicted doctors argued their appeal in the United States Supreme Court the other day. At issue are jury instructions given in their case and the standard imposed by the trial court. For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for […]

Normal Like You (More Opioid Fallout: Pharmacies Are Next On The List)

“Today, medical science recognizes That some folks aren’t helped by relaxing exercises. In cases of difficult tension, And nervous apprehension, Doctors are now prescribing medicine. It makes those who fear they’re about to quit Feel like they’re ready to begin. Bidding their darkened spirits goodbye For the calming peace of a cloudless sky.” Everclear, Ataraxia […]

US Childbirth Safety Statistics Could (and should) Be Better

Trial lawyers focus heavily, and rightly, on fetal mortality rates. Birth-related injuries, injuries inflicted prior to birth, perinatal injuries and deaths among infants (whether SIDS, crib or otherwise) should be intolerable. What we sometimes lose sight of is the other side of that blessed event – the Mother. And on that score, studies are confirming […]

Swamp Music

My first year practicing law was the year Florida started limiting the rights of medical malpractice victims. “Tort reform” started in 1988 with Florida’s pre-suit screening rules, making it more difficult to hold hospitals and health care providers responsible for the catastrophic costs of malpractice. Not satisfied with these protections, Florida’s legislature later added changes […]

I’ve been giving the same advice about autopsies for twenty-five years …

From The National Law Review’s conclusion: Ultimately, the family of the patient must make this tough decision. Many people have religious and moral views about autopsies and choose not to have them performed. Further, many people tell their family that they do not want an autopsy in the event of their death and family members […]